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Remedy for dismissal of consumer case for non appearance in court


11-Jul-2023 (In Consumer Court Law)
My case is dismissed in district consumer forum for not appearing once on a given date. Is there any provision in the CPA to file the same case again in the same forum ? If yes, than is it a better option or appealing in the state forum is the better option ?
Answers (3)

Answer #1
782 votes
You have to file an appeal/revision to set aside dismiss in default before HON'BLE state commission. Only state commission has a power to set aside the order of District Consumer. There Is a limitation to file.
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Advocate Sunil Kumar

Adv. Sunil Kumar

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Answer #2
989 votes
You can file an application for restoration of your complaint mentioning the reasons of your absence on date fixed. If court denies to allow your application for restoration then you can go to State Forum against the order of dismissal of complaint as well as against the order of dismissal of your application.
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Advocate Nikhil Gupta

Adv. Nikhil Gupta

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Answer #3
811 votes
You can move an application for set-aside this order to dcdrf mentioning reasons for your non appearance along with evidentry proof I like your illness .death,marriage roadblocks, strike etc.if DCDRF turn down your application than appeal to state forum.
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Advocate J S Yadav

Adv. J S Yadav

LawRatoRewari | 25+ Answers
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